Attempted Murder Charge Dropped in Cyclist Shooting

I took this picture of unidentified riders during this year's 24hrs of Booty. Their appearance on this blog is not related to the Asheville cyclist being shot by a civil servant. Over the weekend I received an e-note from Nathan in Asheville with the latest developments in the criminal case against an Asheville firefighter who shot a cyclist in front of his wife and child last month on Tunnel Road.

I have pasted the latest article from the Mountain Xpress below. Nate is curious to know if the New Charge will be: Failing to Kill a Cyclist

by David Forbes in Vol. 16 / Iss. 3 on 08/12/2009

A grand jury has dropped the charge of attempted first-degree murder against Charles Alexander Diez, the Asheville firefighter accused of shooting at a cyclist. Diez is now facing a felony assault charge that carries a much lower potential penalty.
Currently free on a $200,000 bond, Diez was served a warrant Aug. 6 on a charge of assault with a deadly weapon with intent to kill. Attempted first-degree murder, a Class B2 felony, carries a 125- to 157-month prison sentence for someone with no criminal record. The assault charge, a Class E felony, carries a 20- to 25-month sentence.
Diez has no prior criminal record and, according to police, was sober at the time of the incident.
Grand juries deliberate in secret, and District Attorney Ron Moore says he submitted both the assault and attempted-murder charges. He told Xpress that he doesn't know why the grand jury rejected the murder charge.
Asheville police had charged Diez, a firefighter since 1992, with attempted first-degree murder after he allegedly fired a .38-caliber handgun at cyclist Alan Simons July 26. The bullet ripped through the lining of Simons' helmet and, according to police, came within less than an inch of striking him in the head.
Simons was riding with his wife and 3-year-old child, and Diez had begun arguing with Simons, saying it was unsafe to have the boy in a child bike seat behind him. When Simons began to walk away, Diez allegedly opened fire.
Moore said he would "talk with the officer involved and see if there's any new evidence. If there is, we can re-submit the charge [to the grand jury]."

Rock Star Report

Rocky looks to the left. Rocky looks to the right, nothing but goofy happiness in his sight.

Three weeks ago tomorrow I drove down to Greenville South Carolina to pick up Rocky from a vet clinic where he had spent the previous 3 weeks recovering from a surgery that repaired his right broken shoulder. The fracture in his right arm was so severe that at first the vet gave consideration to putting him down or amputation. Thanks to the fine folks at the Noah's Arks Rescue it was determined that with a bone graft Rocky may have the chance to run again. For the first 15 days he was here we had to walk him on the leash to prevent re-injuring the fracture. This past weekend he took his first run out the back with the other 4 and had a great time of it. It is amazing to watch a dog this big take to a full gallop. The bone must be healing well because Rocky is showing no sign of pain, only curiosity and the desire to run which will help his muscles around the injury get stronger. This dog has been a fine addition to our domestic sporting class pack and has already learned sit and shake with his massive paws. The Noah's Arks Rescue in our region is a non profit entity that helps abandoned severely injured domestic pets by stepping in to pay for their care so that they are not euthanized. They could use your help with cash/supply donations, fostering or safe home adoption. If you or anyone you know can help them out please do so, as I have said before the problem of neglected animals is way bigger than we could ever imagine.

Let Annie Begin

Annie patiently waits in front of the Mecklenburg County/State Courthouse for me to arrive so we can go ride. Here she is rolling up 4th street with the recently fortified walls of The Federal Reserve(cash Distribution Center) to her right and the king and queen on the global Chess Board up ahead on the Hill. That is Bank of in all literal sense America on the left and the BOA owned Hearst Tower on the right. As soon as she crossed the next intersection she stood up and danced on the pedals like Contador without the smug attitude which put me to task trying to stay with her up to Tryon.

As this huge garbage truck powered by Annie had a flashback of a cat being thrown at her while in Istanbul. This time she was ready.

Annie often has to jock for position at bike racks uptoon with motorized faux Italian Scooters.

A parting glance of the Jar from south to north, the new sunset.

My favorite image of the shoot shows the contrast of human energy.

Meet Annie, a 24 year old Charlottean who has been riding her bike since being a little kid in this tin can town and abroad. Her parents must be great folks to have given her a pastoral upbringing with mountain bike transfers in Utah and the Tsali region of NC. As well they encouraged her to ride around here while growing up way before it was a good idea. Not long ago on the latter stages of an in inbound Stay Alive I rolled up behind her rolling and said, "Hell-Oh!" I recognized her bike from the South End is Near Cool and Cool where I saw it locked in fine form. We rode together for a bit and it hit me during the 18mph convo that her energy was giving me some sort of unidentified emotional transfer. I ran into her again on her bike last Friday at the SEC&C wine tasting fun fest. I also met a German National named Thomas, an Italian National named Vittorio and a Libyan American who just spent 3 years in Massa Carrara Italy named Mansour but that is an entirely different blog.

Anyways, when ever I see someone on their bike for the 3rd time I ask them for a B-Log interview. Sometimes they ride away fast like their hair is on fire making a lot of turns but not this kid. She smiled and said, "Sure, my neighbor and her kids have already been on your blog, why not." So, we met Tuesday and hung out on the two wheeled machines for a bit while chatting. I found out that Annie has lived in London, Italy and most recently Istanbul Turkey where she dwelled for a year, returning to America this past January. I went there once in 1988 when Annie was 3 years old after a 2 week field op in the mountains on a Med-Float with 2/4 and the 24th MEU(Marine Expeditionary Unit). I remember funny beer, snake charmers in the corner and tasty snake fooding treats. Kowalski, keep your eyes on the target. While Annie was in Turkey she taught English at The Oxford English School and commuted as much as she could by bike. She spent 100 Turkish Lira on a bike that she described as, "Worse than a Wal-mart Bike." Annie noted that when she rode in Turkey she wore a helmet and she was perhaps the only one in that fine nation who chose to do so. Any got hit while riding in Turkey by a cat. She said that one day she was JRA(Just Riding{or Rolling} Along) on a Turkish street. Up ahead she passed a garbage truck while one of the garbage men was trying to dump a dumpster that had a cat sitting on top of it. Just as she passed by the Turkish garbage man unknowingly tossed the cat from over head high right into her path. Eek Gads, a flying feline in Turkey! The kitty slammed into her arm and bounced off, neither cat or human were injured so life in Istanbul went on.

Riding around with this girl made me feel weak. She killed me up 4th Street as if she was trying to break my back over her ever spinning knees. When I finally mustered the strength to get back on her wheel she told me that since being back in Charlotte she has volunteered 3 days a week for the local Trips For Kids where she gets to work on bikes and encourage the younger generation to take the 2 wheeled Path. Good on you Annie. The timing of this introduction is perfect for this dedicated rider is moving to Chicago this weekend for the next phase of her life. She does not have a job but she does have a safe place to go and she will be bringing her bike along for the transfer. There are a lot of nooks and crannies to discover by bicycle in that town that I am sure she will find. In Winter go outer layer Gore-tex mitts(wind block fleece inner), gore jacket(poly, wool inner), gore pants(poly, wind block fleece inner), good boots/socks and good head gear. That equipment will nullify any effects of wind chill. WIND CHILL DOES NOT EXIST, if you have a vapor barrier between your skin and the air! Layer up this winter and you will be fine, better than great. Charlotte will miss you Annie but you won't miss it!

I only asked one direct question, the rest was talk.
Here is the direct question: What is it like to ride in Charlotte?
Here is the direct answer:

What is is like to bike in Charlotte? Riding in Charlotte has definitely improved since I was in highschool, when I was the only person I knew who rode my bike as transportation as well as for fun. It feels great to ride around the city and see other cyclists, however poorly Charlotte may compare to other American cities where bikers are a significant proportion of the population on the streets. However, the cycling community in Charlotte is sadly fragmented, which means we all seem to complain about bad treatment from drivers, whom I feel really just don't know what to do when a bike is on the road, without actually working together to make those drivers and non-cyclists aware of our rights and how much we care about being out there on our bikes. My best friends in Charlotte are cyclists, and my favorite times are when I'm with them working on bikes at the re-cyclery in NoDa or riding with them all over the city.

Danger Discovers Giant Moth

Meet Danger reenacting the scene from Monday night when she discovered a big beige moth. Image 1

Image 2 showing the 5&5/8" wing span.

Image 3 shows off those classic painted eyes.

On Monday night towards dusk I was in the way out back messing with the post production food compost that I have been trying to perfect for what seems like 2 seasons now. I finished and started back for the house when I noticed Danger the yellow dog(aka Seal Blubber) sitting over to the side. "Come on girl", I yelled. She did not move. Instead I watched her lower her head and put her nose to the ground. Then she wagged her whole body and rose back to the sitting position smiling at me with intent. I walked over and at Danger's front feet was a large dead moth. Good girl. Danger's olfactory senses seem to be the keenest in the pack. I would have never found this moth without her.

This moth is bigger than any I had ever seen. I took the specimen into the house and measured the wing span. 5 & 5/8 inches, tip to tip. Next, seeing I do not have a field manual for moths I fired up the machine and went to task trying to identify the species of this former caterpillar turned cocoon then winged flier. The computer knows everything so within minutes I had it. POLYPHEMUS, Anthera polyphemus. This moth apparently is at home in North America from Mexico, through America and into southern Canada.

After identifying the moth I pulled out my light stands and insect studio white back drop to make some pictures for documentation and prosperity. Since the moth was dead it was easy to put it in position for photographing, there was no twitchy arguments from my subject. I took a few looking into the front of the moth then turned the set around to make a few from behind. It was amazing to see those painted eyes on his back wings jump out against the clean white back drop.

Sunday Morning Sherman Branch Ride

I took this picture of my bike inside a turn in the trail on Sunday morning near the end of the lake loop just before the little dip. That's all I have today. One picture and a simple trail ride report. 0800hrs Sunday: I headed out to the Sherman Branch Trail Network System(SBTNS) alone since I was not invited on any 'group' rides that had driven up the day before from the greater Columbia SC area to experience these single tracks so close to where I dwell . Never mind the call I did not get to go see the Presbitational Crytickulum either. When I arrived at the trail I saw Rick(Grand Papa Wheelie) from Ultimate who had just finished tending to the various types of modern youth trash that had been left at the picnic table area. Hopefully for some of that stuff he was wearing rubber gloves and a mask. I often try to pick up people's left behind or fallen out of cage refuse that I see along the trail, especially if I have empty pockets or a place for it but I never considered going to a trail with the intent on doing garbage detail. Leave it to all the really nice community folks out there to do something so selfless. I took off in the morning heat and made it twice around the RC and out for the rest of the trail. That is it, nothing really blog worthy to mention happened that is why a I am blogging about it. I stopped once to make the above image and the rest was just moving forward towards the end.

CMA Veteran Courier gets BUSTED!

CMA courier 'The J' showing us his summons. His face and the personal info line on the ticket have been blurred out in order to protect his pre-trial identity. Here you can see that the officer wrote in BI for bicycle in the vehicle type block that was being operated when this alleged misdemeanor was committed.

16. Failure to stop at/for railroad warning. GS 20-142. Upon researching NC State General Statute 20-142 I discovered that there are actually 4 Statutes related to this type of purported moving violation. 20-142.1, 20-142.2, 20-142.3, 20-142.4 and 20-142.5

The Light Rail Crossing that the implied infraction took place.

Here you can see how far away the slow moving in town train can actually be from the pedestrian cross walks and gate arms on 6th Street.

Moving closer at a very slow pace.

An attempted street crossing with the train this close would be suicide.

The Charlotte Messenger Association compunctiously announces that one of its own seasoned couriers has been charged with the alleged offense of riding under, over or to the side of the Charlotte Light Rail System(not solution) gate arms which were down stopping vehicle traffic for the approaching train. This purported incident took place Friday July 31, 2009 on east bound 6th Street at approximately 1643hrs while The J, aka The Lackey(street names used to protect the accused's identity) was attempting to deliver his late afternoon mail run to the USPO. The J recalls that he was not sure if the gate arms were completely down and he does not remember hearing the bells or seeing any huge flashing RED stop lights that are attached to each gate arm. All that really comes to his mind is that he was trying to deliver that US Mail with the highest level of professionalism, speed and a work ethic that often exceeds the expectation of his customer, the client. A few minutes after crossing the light rail tracks down the hill, The J turned left into the Post Office. A CMPD officer driving a classic white and blue sedan with roof lights flashing pulled in behind him hitting the loud audible siren at least twice to let The J know that he was sought in the alleged incident. The CMPD officer got out of his car and politely asked The J who was straddling his bike for ID. Next the officer went back to his patrol car and verified The J's identity in the United States National Data Base System better known as the program icon CIC on the laptop inside of the car. Once The J's true identification was electronically uncovered the officer up held the assumed law by writing a summons stating that The J had broken cover all NC State General Statute 20-142 which clearly states in 20-142.5 that: No driver shall enter an intersection or a marked crosswalk or drive onto any railroad grade crossing unless there is sufficient space on the other side of the intersection, crosswalk, or railroad grade crossing to accommodate the vehicle he is operating without obstructing the passage of other vehicles, pedestrians, or railroad trains, notwithstanding the indication of any traffic control signal to proceed. Any person who violates any provision of this section shall be guilty of an infraction and punished in accordance with G.S. 20‑176. Violation of this section shall not constitute negligence per se.
An employer who knowingly allows, requires, permits, or otherwise authorizes a driver of a commercial motor vehicle to violate this section shall be guilty of an infraction. Such employer will also be subject to a civil penalty under G.S. 20‑37.21. (1991, c. 368, s. 1; 2005‑349, s. 16.)

While the police officer was issuing The J a pink ticket summons another CMA member rolled up to the scene to see what all the commotion was about. The J hearing the clock tick in his head asked this rider to take his certified mail in for him and get it stamped with Billy D's round brown. With honor the non accused rider took in the mail of the detained one and finished the job returning the receipts to The J who was about to be released. In an email I asked this non accused rider to elaborate on what he or she saw but this is all I got: I rolled up while they were ticketing him. So, The J received his written ticket in the parking lot and with the help of a fellow messenger made sure that the client's mail went out. In a few weeks The J will have to appear before the DA in an administrative court hearing which will give him a chance to prove his innocence which at this time is presumed over his guilt.

Futuristic Fred Flintstone Messenger Rides in Charlotte

Me posing in the Toon Shirt that I found in the gutter on a road ride earlier this summer. I cannot stop wearing the ground score made in nowhere. photo JW. photo JW

James Willamor photographer and CltBlog journalist dug really deep into his suitcase of making something out of nothing with his latest post titled: A day in the life of a Charlotte bike messenger. JW first contacted me last month on the park bench in front of the BOA Corperate Center introducing himself and asking about my relationship with the deceased Charlotte artisan David Ray Chisholm. From that initial conversation sparked JW's bright idea to do a story on the Good Spirit's life and then in an effort to kill two birds with one stone neither being Jerry Reed's fine feathered peregrine Pontius, he would run a little spot on what it is like to be me. This story was posted 3 nights ago and is the end result of the time that James spent with me on one of my daily shifts as messenger. That morning his kind wife drove him out here to the estate just as I had finished my morning oats, a ceramic cup of splendid English Tea and posting my daily blog riddled with improper grammar usage, spelling mistakes and unreasonable true perceptions. They hung out for a bit meeting the 4 pack and getting a personal tour of the vegetable gardens from me ever anxious to share some domestic pastoral time with new acquaintances. JW's bike was in the car and they followed along on my Stay Alive leap frogging to spots that I had suggested that would provide good moving shots of my 33minute commute. When I arrived at the USPO Charlotte Main on McDowell at 0830hrs for my first 2 jobs JW was there with his slightly bigger than he is road bike and the camera rolling on a home made head mounted to the top of his bars. I believe it was Calvin Stiles Grant who said it first, "Why buy it when you can fabricate it."

From that point on JW followed me on my circuitous labor route through the big buildings, to my clients, their recipients, the courthouse(unfortunately all of his photo equipment kept him from getting inside the hall of justice for the more exciting juicy parts) and other municipalities until my shift was over at roughly 1430hrs. JW got the scoop on how normal the job really is but at the same time he was able to convey that I care about the service I provide and that the clients have come to trust in that professionalism. When I watched the film document I had a few thoughts roll through my mind about what I was seeing. First, I sound matter of fact about mileages. For clarifications sake when someone asks me, "How many miles do you ride in a day?" I often just throw out the number 35. Okay, here is how I calculate that number as a rough average. Before my kid went into the 1st grade I was 97.5% double commuting. As my kid grew I had to adjust my riding commute schedule while she was in the 1st-3rd grades and I was only able to commute in the morning because in the afternoon I would have to find the car in one of those buildings and then give her car passage home. When she went to the 4th grade I was able to get back on the double to my relief. So, each way is 10 and then I have a 6 hour day of mostly sitting around with perhaps 2 hours of riding around, back and forth, forth and back which I ball park to be no less than 15 miles which brings my average speed to a conservative 7.5mph. Sounds like I am rationalizing my own stupidity however it really is not that big of a deal to hit the number 35 on a day of messengering for up to 8 active Law Firms in town after commuting both ways. People ask the question and I try to answer it.

The next thing that bothered me about what I saw in me is when I said something along the lines of I use my bike for everything, especially within 25 miles. Horse Shit, just like what is inside Boots' head tube. I am not sure what that knee jerk elitist sounding me meant or where it came from. I do not drive very much around here, it scares me and I do use my bike more than the average Charlottean but I also do use my 1991 UN Montero. It averages no more than 2,500miles a year and I occasionally am bamboozled into using St. Lissa's car if the kid is in need of transport or if my family needs me. I do like the green ways, I often ride to the shop and on Friday nights I sometimes take the cruiser to Pino's to pick up the extra cheese pie and make a quick home delivery like a good pizza boy. Occasionally I also ride to the Spanish Mexican Produce Tienda to get ripe avocados for a home made pizza or wraps. I usually ride out of here when I am left alone on the major Holidays. I remember one Christmas/Hanukkah Ilan pulled along side of me in the pouring 38F degree rain 15 miles from the house and heading away while I was out fixed on a 3 hour transfer. He electronically rolled down the Sequoia's window along side of me at my pace holding up traffic and was laughing harder than I have ever seen him. I ride out of the house sometimes just for the hell of it and ultimately I think that is what I was really trying to say.

The last thing that bothered me is that I felt like in the pictures and the film that I look like a futuristic Fred Flintstone on a bike and there is nothing that I can do about that.

Okay, on with the story and film which the rest of I have no qualms about. If you do, please speak up, I won't get mad.

A day in the life of a Charlotte bicycle messenger from James Willamor on Vimeo.